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TOPIC: PIP Mandatory Reconsideration APPEAL IGNORED

PIP Mandatory Reconsideration APPEAL IGNORED 7 months 1 week ago #157341

Hi,
I am just in the process of ploughing my way through all the guides on how to submit a mandatory reconsideration/PIP appeal.
I have called the DWP and informed them that I am putting in a request for a MR by letter, and have been informed about the 1 month to submit this. However I also requested a copy of my ATOS medical report and have been told this can take 10-14 days to receive. I realised today that this will probably turn up when I am out of the area for a wedding and by the time I return my month will be close to ending. I called back today to see if I could receive an electronic version of the report but of course was told no and that it hadn't even been sent yet despite my request going in 3 days ago. They keep trying to tell me I can appeal based on the information in the decision makers reasoning, which is very vague, and which I'm sure they do deliberately as they know its insufficient.
Now do i submit my MR now with the information I have, when I won't be able to refer to all the HPs recordings of observations etc, and state I will be sending in a further appeal against this once this is received? Or is this pointless as it will probably fall outside the 1 month jurisdiction?
Also do I put in all the time and effort into making this MR appeal as comprehensive as possible as if it is an appeal to try and avoid it having to go to appeal if this is disregarded? And then I will be having to revise it to include my responses to the ATOS report?
I have been reduced from 12 points to 0 so i have nothing to loose, but I feel like I am missing necessary ammunition that needs addressing in points raised in this ATOS report..what do i do? Also can i add to/amend information i put in my original 'how your disability affects you' form in this appeal, and address each point in this format? Especially seeing as they seem to have totally disregarded this form in their decision making anyway.

I could get the report sent to the address I will be staying at but it may end up delaying it or risk it not arriving the week i am at the other address? plus i wont have the resources to do the appeal when away staying as I won't have access to my pc so it will be difficult and i will probably have to go and finish it in a library.

So in summary should i submit my MR on the information i have or collate it but hold off until the ATOS report so i can add to it/edit it, baring in mind this may arrive too late for the 1 month consideration? do i have the option to just submit my written request for an MR and that further information/detailed appeal is to follow - I'm guessing this does not allow any extention of the 1 month deadline.
Any advice appreciated.
The administrator has disabled public write access.

PIP Mandatory Reconsideration APPEAL IGNORED 7 months 1 week ago #157355

  • Gordon
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C

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?


You can separate requesting an MR and supplying your detailed reasons why you believe that the Decision is wrong.

So send in your request for an MR with your basic reasons and say that you will provide additional information as soon as you receive the assessment report, they should give you four weeks to do this, although sooner is better.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.

PIP Mandatory Reconsideration APPEAL IGNORED 7 months 1 week ago #157453

Thanks Gordon, but as detailed in my post I am away in 9 days time for the remainder of the 4 wks since telephoning in to say I will be writing in with a MR. Won't it run from this date and not the date they receive my first basic reason letter?
The administrator has disabled public write access.

PIP Mandatory Reconsideration APPEAL IGNORED 7 months 1 week ago #157462

  • Gordon
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cazzyclay wrote:
Thanks Gordon, but as detailed in my post I am away in 9 days time for the remainder of the 4 wks since telephoning in to say I will be writing in with a MR. Won't it run from this date and not the date they receive my first basic reason letter?

The four weeks to send in further information should run from the date on your letter requesting the MR.

According to your original post you have not yet made a request for an MR.

If your going away is going to get in the way of your dealing with this, then you can make a late request for an MR when you return home. However, you will need to provide Good Cause for the delay, waiting for the assessment report may be sufficient, but if it is not and the DWP reject the request then that is it, you cannot take the matter further.

Alternatively, provide detailed reasons with the MR request now, based on the DM's reasons.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.

PIP Mandatory Reconsideration APPEAL IGNORED 7 months 1 week ago #157467

thanks again
so you don't think its worth my submitting my MR based on the decision makers reasoning alone and all the complaints i have about my medical being insufficient without seeing what was in the report?
I also wanted to ask, having based my MR around the B&W guide, can I quote legal arguements such as
"If a descriptor applies at any point during a 24 hour period, it is considered to apply for the entire day, But the inability must be more than momentary and it must have a tangible impact on their ability to carry out the activity"
so that they know I know my rights? or will this go against me and they will assume I have used a site such as B&W and not just sought legal advice from CAB and the like?
The administrator has disabled public write access.

PIP Mandatory Reconsideration APPEAL IGNORED 7 months 1 week ago #157470

  • Gordon
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  • Forum Moderator
cazzyclay wrote:
thanks again
so you don't think its worth my submitting my MR based on the decision makers reasoning alone and all the complaints i have about my medical being insufficient without seeing what was in the report?
I also wanted to ask, having based my MR around the B&W guide, can I quote legal arguements such as
"If a descriptor applies at any point during a 24 hour period, it is considered to apply for the entire day, But the inability must be more than momentary and it must have a tangible impact on their ability to carry out the activity"
so that they know I know my rights? or will this go against me and they will assume I have used a site such as B&W and not just sought legal advice from CAB and the like?

No! I haven't said this at all!!! It will be better if you have the assessment report but it does not preclude you from just using the DM's reasons. You need to decide which option fits best with your going away.

There should not be any issue with you showing that you understand how the PIP criteria operate, but I would be careful of the example that you quote in your post, the law does not specifically say this! It is a reasonable argument supported by Case Law from the Upper Tribunal but as its says, you must show that there is a "tangible impact" for it to be considered.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.
Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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